Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-01-12
FIGHTING FOR LIFE.
cLuvHRIus STILL STRIVING AGAINST
THE SENTENCE OF THE Law.
A Point Rsissd Against Sergeant Smiths
Eligibility-Petision 10 the
Governor, &c.

from place to place, seeking information,
seelDg this and that man. Yesterday they
raised the point that Sergeant Smith has not
qualified according TO law.
Nr. Crump went to the Governor and
said that to-day they would formally pre-.
sent an application for a further reprieye,
for the reason mentioned and because oi
certain alleged facts about the watch.key
and Joel, which they claim that they eau
show. They Will also produce letters from
Dumber OF members Of the Legislature and
others. They win ask for about sixty day.
longer.
PRISONER CALM.
Cluyerius continues cain, but 1t can nc
longer be said that he looks undisturbed IN
mind. He holds up with wonderful eour.
age, but heis changed man in the past
few days. His brother Willie is excited,
worried, and torn by anxiety almost 10 the
verge OF distraction. Prisoner has said Il
friends what In substance means that he
will die declaring his innocence.
Dr. Hatcher visits him daily, and spends
much time In prayer.
THE EXECUTION.
IL is now arranged that the scaffold will
be erected at the east end o. the white
ward.
Sergeant Smith has hundreds OF applica.
tions for permits TO see the execution, but
he VIII enforce the law strictly. News.
psper-men, as such, will be admitted. Bo-
gus newspaper.men are appearing by the
dozen. but there will be no admission for
them.
The parents OF the prisoner have moi
yet arrived. 1t is not certain that they will
come.
AN UNAvAILING POINT.
The question raised as 10 City. Sergeant
Smith was based on section 100 OF the city
charter, which reads as follows:
"There shall be elected at the first char.
ter election, and every two years thereafter,
by the qualified voters OF SAID city. one city
sergeant, who shall serve for two years,
and until his successor be elected and
qualify, unless sooner removed. lie shall
keep his Office in such place as the City
Council may provide and appoint, and
shall receive such compensation for his SER
vices as the City Council shall determine.
Before entering upon the duties Of his office
the said city sergeant shall give bond and
security in such amount as the said City
Council shall determine; tohich bond ShdtI
be approved by the said City Council, en-
tered on their records, and flied IN the office
Of the CITY Clerk"
1t seems that MIR. Smith had never given
any bond 10 the City Council, but that be
bad qualified before the Hastings Court and
given the bond required by the Judge
thereof.
Yesterday morning Mr.. Beverley T.
CIump, who raised the point, examined
the records and files in the Council CHAM
Der, and, being unable to find anything TO
show a qualification before the Council by
the City Sergeant, he saw Judge Atkins, OF
the Hastings Court, and laid the subject
before him. Tie Judge sent for City-At
torrey Meredith, who looked thoroughly
into the question.
II appears that the point raised will be
without avail for the reason that the Legis-
lature passed the following act July fl,
1870:
An Act 10 Prescribe he Duties and Fir the
Compensation Of Officers in CitieS and
1olrnS Of Ouer 5000 Inhabitants.
The duties, compensations, and liabilities
oi city sergeants shall be those conferred by
the charter of the cities for which they are
elected, and in addition thereto they shall
be charged with the cole ction OF The State
n venue and taxes Of the city OF town in the
same manner as the collectors Of the various
townships within the counties OF this Com
monweath; and they shall be clothed with
the same rights and power for the collection
of the same rs are now or hereafter may be
given by law TO the sher1ffs or other officers
charged with the collection OF taxes an1 sub
ject to like pains and penalties except that IN
the city Of Richmond the sheriff OF said city
shall be charged with collection Of the State
revenue in like manner as is herein re-
quirtd Of city sergeants). They shall
quality before the judge Of the HuStingS
court of their city or tOtcn, either IN term
time or vacation, by taking the necessary
oaths required by law and executing bonds
with good security in penalty not less
than double the amount OF taxes or Teve-
nue. which may come into their hands,
provided that the minimum Of such bond
Shall be $1,000"
The act OF July IL, 1870, was passed sub
seQuent to the enactment OF the charter
Nav "a, 1870 II will be seen that ii Is an
act of a general nature, applying to all
cities and towns OF over five thousand in
habltants. and not an amendment TO the
city charter, and therefore not TO be found
in the possession o; the City Clerk.
IL will also be seen that this act Is in
tended TO apply to the city OF Richmond as
well as all other cities and towns, since, as TO
one particular, II expressly mentions the city
OF Richmond.
AS this later act requires that the CITY
Sergeant shall qualify before the judge OF
the Hastings Court, TO that extent II Is held
tba: 1t repeals the provision OF the charter
requiring him to qualify aud give bond be-
fore the City Council. That being so, Mr.
smith has properly qualified as City Ser
gtant.
This is the decision Of Judge Atkins. II
il had been otherwise hewould have asked
that a special meeting OF the two branches
Of the Council be convened in order TO give
Mr.. Smith an opportunity to qualify and
give his bond.
THE FRIENDS, Tue PRISONER, AND THE Gov
ERNOR.
Yesterday Mr.. John b. Crenshaw, whose
memorial against capital punishment was
presented to tue Governor day before yes
teTday and published in the last issue OF
this paper. was visited by Mr.. Rufus b.
King, Friend from Bush Hill, n. G. This
gentleman expressed desire 10 see Cluve.
rius, so MIR. Crenshaw took him 10 the jail
While there Mr.. King offered prayer for
the salvation OF the prisoner, by which
Cluverius seemed much affected, and when
they left the prisoner thanked them for
their visit, and seemed TO appreciate their
interest in him..
Later, MI. Crenshaw and his friend called
on the Governor. The evening before,
when Mr.. Crenshaw went to the Governors
to present his memorial, be was there in
lroduced to an old darmy acquaintance whom
ne had not seen for years, so when be en-
tered the Governors Office yesterday morn
ing he introduced his friend with "l have
brought Confederate soldier 10 see thee,
Governor; but can say he has given up
the arms OF the carna' warfare aud taken
up the arms Of the spIituslP
He then told the Governor he had called
to second the memorial already presented,
and TO present his friend.
While there General Wickham came In.
Being an old friend OF Mr.. Cfeushaw, ne
accosted mm cheerilY, aud told him he had
read his petition IN the paper. "But," he
added, "you should have waited until the
Legislature met and present 1t 10 them II You
want TO do Cluyerius any good
Mr. Crepshaw replied that he wanted the
prisoner TepTieyed, 50 that toe Legislature
could act on the Law later.
Before leaving MIR. Creushaw requested
the whole party to kneel In prayer, which
they and, Mr.. King leading.
FIRM FRIEND.
A.. -. st.. A.. ,,at.h.uou In ('iuye-